Lockouts: Seeking Judicial Relief in Cook County

If you need to stop something urgently, like a lockout, you might want to file for injunctive relief. Here’s how to do it in Illinois.

Step 1: Prepare a Verified Complaint

• What to Do: File a "Verified Complaint" in court. This is a legal document where you explain why you need the court’s help.
• Legal Basis: Use Illinois law 735 ILCS 5/11-102, and check if your local landlord-tenant ordinance has any specific rules.

Step 2: Prepare an Emergency Motion

• What to Do: Along with your complaint, file an "Emergency Motion" for a Temporary Restraining Order (TRO). This is based off Illinois law 735 ILCS 5/11-101.
• Purpose: A TRO is used to quickly stop something from happening until the court can make a final decision.
• Important Note: A TRO can only be granted without notifying the other party if you can prove through an affidavit or your verified complaint that you will suffer immediate and irreparable harm if you wait. The court must include the date and time on the TRO and explain why it was granted without notice. TROs last no more than 10 days unless extended by the court for a good reason.

Step 3: File the Documents

• Chancery Division: This is one option where you can file your complaint.
• Municipal Department—Eviction Section: Another option, especially if your case involves an eviction.

Step 4: Go to Court

• Bond: Sometimes, the court may require you to post a bond (money) when you ask for a TRO. This is to protect the other party in case the court later decides against you.
• Ex-Parte Order: An "Ex-Parte Order" is when the judge makes a decision without hearing from the other side. This is usually done in emergencies.
  • After the TRO: If the TRO is granted without notice, the court must schedule a hearing for a preliminary injunction as soon as possible. You must move forward with your application for a preliminary injunction at this hearing, or the TRO will be dissolved.
  • Dissolving or Modifying the TRO: The other party can request to dissolve or change the TRO with just 2 days' notice, or even shorter if the court allows it. The court will quickly hold a hearing to decide on this request.

This guide provides a simple overview of filing for injunctive relief in Illinois, which can help stop an eviction or other urgent issues. Always consider seeking legal advice to help navigate the process.